Madras High Court
The Collector Of Thiurvallur vs S.Susila ...First on 5 August, 2024
Author: D.Krishnakumar
Bench: D. Krishnakumar
WA Nos.2358 and 2359 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM:
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
WA Nos.2358 and 2359 of 2024
1.The Collector of Thiurvallur
Thiruvallur.
2.The Tahsildar of Thiruvottiyur
Thiruvottiyur, Chennai -600 019.
3.The Government of Tamil Nadu
Represented by Additional Secretary,
Public Department, Secretariat, George Fort,
Chennai. Appellants in
WA No.2358 of 2024
1.The State of Tamil Nadu
Represented by its Secretary,
Public (Political Pension.I) Department,
Fort St.George,
Chennai -600 009 ... Appellant in
WA No.2359 of 2024
1/9
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
versus
1.S.Susila ...First respondent
in WA No.2358 of 2024
Mr.C.Thompson ...Deceased respondent
in WA No.2359 of 2024
2.Union of India
Represented by its Special Secretary to Government,
Ministry of Home Affairs,
Freedom Fighters Divisions,
First Floor Lok Nayak Bhavan,
New Delhi ` ...Second respondent in
WA Nos.2358 of 2024 and
First respondent
in WA No 2359 of 2024
3. T.Glory Vasanthakumari
4.T.Mercy Sarojabhai
5.T.Glory Epsybai
6.T.Bhaktha Valsalaraj
7.T.Baktha Manohara Dhas respondents 2 to 6 in
WA No,2359 of 2024
respondents 2 to 6 substituted in
CMP No.16723 of 2024
in WA No.2359 of 2024
by ACJ and PBBJ
PRAYER: Writ Appeals filed against the order of the learned Single Judge
in WP Nos. 34069 of 2019 and 26613 of 2019 dated 22.04.2022.
For the Appellants :Mr.S.Kumaresan
Additional Advocate General
Assisted by Mr.Harish,
Government Advocate (in both)
2/9
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
For the Respondents :Mr.V.NandhaGopal
for private respondents (both)
COMMON JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
These Writ Appeals are filed against the common order of the learned
Single Judge in WP Nos. 34069 of 2019 and 26613 of 2019, dated
22.04.2022.
2. By consent of parties, these Writ Appeals are taken up for final
disposal.
3. The first respondent in WA No.2358 of 2024 has filed the writ
petition challenging the proceedings of the second respondent dated
07.05.2019 and quash the same and to direct the appellants to issue
Freedom Fighters Pension under Swatantrata Sainik Samman Pension
Scheme 1980 from the date of application of the first respondent dated
03.11.2001.
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
4. The deceased respondent in WA No.2359 of 2024 has filed the writ
petition seeking for a direction to the appellants to dispose of the
representation made on 21.06.2005, 10.01.2011, 15.03.2016 and
18.03.2019.
5. Learned Additional Advocate General appearing for the appellant
department submitted that pending the writ petitions, pursuant to the interim
direction of the writ court dated 23.09.2020, the State Level Screening
Committee, by orders dated 16.04.2022 and 17.12.2020 respectively has
recommended for grant of both State and Central pensions and hence, the
prayer as sought for in the writ petitions have become infrcutuous.
However, since the writ petitioners have not received the said pension, the
writ court has directed the appellant Department to grant the pensionary
benefits with effect from the date of application within a period of two weeks
from the date of receipt of a copy of that order.
6. Learned Additional Advocate General further submitted that the
Government is final authority for passing such order, based on the
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
recommendation made by the State Level Screening Committee. He further
submits that the Government also undertakes to pass positive order in favour
of the writ petitioners by granting the pensionary benefits, based on the said
recommendation.
7. He further submitted that as directed by this writ court, the writ
petitioners are entitled for the grant of such pensionary benefit with effect
from the date of applications, will be considered by the Government and
appropriate orders will be passed. To that extent, he seeks liberty may be
granted to the authority concerned to consider and pass appropriate orders.
8. Learned counsel for the respondents may not have serious objection
for considering the applications dated 03.11.2001 and 21.06.2005 of the
writ petitioners, in the light of the recommendation made by the State Level
Screening Committee.
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
9. In the light of the above, we are inclined to pass order as follows:
i) The order of the writ court is insofar as the direction granted in the
writ petitions are set aside.
ii) The third appellant in WA No.2358 of 2004 is directed to consider
whether the writ petitioners are eligible for grant of pensionary benefits from
the date of their applications dated 03.11.2001 and 21.06.2005, based on
the report submitted by the State Level Screening Committee, and pass
orders, as orders as expeditiously as possible, within a period of two weeks
from the date of receipt of a copy of this judgment.
iii) We make it clear while passing the final order, the authority
concerned shall also take into consideration whether there was any delay on
the part of the department, in considering the grant of pension from the date
of applications.
iv) If being aggrieved by final order passed by Government, towards
the grant of said pensionary benefit from the date of application, liberty is
granted to the writ petitioners to challenge the same.
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
10. With the above directions, the writ appeals stand disposed of.
There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B.,
J.)
05.08.2024
Index : Yes/No
Neutral Citation : Yes/No
mrn
To
The Special Secretary to Government,
Ministry of Home Affairs,
Freedom Fighters Divisions,
First Floor Lok Nayak Bhavan,
New Delhi
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
THE HON'BLE ACTING CHIEF JUSTICE
and
P.B. BALAJI, J.
(mrn)
WA Nos.2358 and 2359 of 2024
05.08.2024
https://www.mhc.tn.gov.in/judis
WA Nos.2358 and 2359 of 2024
https://www.mhc.tn.gov.in/judis
